Labor Law

New Mexico Child Labor Guidelines

Children in New Mexico may be employed by production companies under special guidelines. It is the responsibility of the employer to obtain a child performer pre-authorization certificate before employment begins. The employer must be able to provide a copy at the work site when requested to do so.

CLICK HERE TO FOR MORE INFORMATION DOCUMENTS NEEDED.

For questions please contact Linda M. Coronado-Arvizo: Direct: 505-841-4406; Cell: 505-589-8242 or Linda.Coronado-Arvi@state.nm.us at the New Mexico Department of Workforce Solutions.

Income Tax Withholding

Every resident and non-resident employer doing business for more than 15 days in New Mexico is required to withhold New Mexico income tax from wages paid to an employee for services rendered in the state. This tax is withheld as the wages are paid.  For more information, contact the Taxation & Revenue Department, 505-827-0700.

Unemployment Insurance

Employers liable under the Federal Unemployment Tax Act are also liable for New Mexico Unemployment Tax when hiring New Mexico employees. Out-of-state employers bringing workers to New Mexico for a temporary job are subject to the reporting requirements of their base state. For more information go to www.dol.state.nm.us.

Workers’ Compensation

Workers’ Compensation Insurance is required in New Mexico. All employers, with limited exceptions, are required to cover all of their employees, including full-time, part-time, seasonal or occasional employees. For more information contact the Workers’ Compensation Administration, 505-841-6074.

Film Union and Guilds

New Mexico is an “employment at will” state. NM law respects a valid written agreement requiring membership in a labor organization as a condition of employment. Generally in the United States “union shop” provisions requiring membership in a union after 30 days’ employment are common. These provisions are authorized under the National Labor Relations Act so long as a company operates in a state that does not have a right-to-work law. New Mexico does not have a right-to-work law. Cooperative relationships between labor and management have preserved New Mexico’s reputation both as a labor-peace state as well as a “right to negotiate” state.  Visit our Professional Organizations web page for contact information.